TERMS OF SERVICE
Tacori Enterprises (“Tacori”), its authorized retailers, subsidiaries and affiliates, including, but not limited to, Brandply, LLC and each of its officers, directors, employees and agents (collectively referred to in these Terms as “We,” “Us,” or “Our”) require that all visitors to the Tacori journeys website (the "Site") adhere to the following TERMS OF SERVICE (“Terms”). These Terms constitute a binding agreement with respect to your use of the Site, any mobile applications (“Applications”), and the services available on such platforms (collectively, the “Services”), including any Content (as defined in Section 2 below). By accessing or using the Site or Services in any manner (whether automated or otherwise), you (a) acknowledge that you have read, understand, and agree to these Terms, including Our which is incorporated herein by reference, and (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where your reside).
PLEASE NOTE THAT SECTION 16 CONTAINS AN AGREEMENT TO ARBITRATE (“ARBITRATION AGREEMENT”) WHICH, WITH LIMITED EXCEPTIONS, REQUIRES YOU TO SUBMIT ANY CLAIMS YOU HAVE AGAINST US TO FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION 16. UNLESS YOU OPT OUT, (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (b) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
LAWS AND REGULATIONS
7049 Surfbird CirUser access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.
We make no claims that the Services or the Content on the Site are accessible or appropriate outside of the United States. Access to and use of the Services or the Content may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws and regulations.
SCOPE OF AND RESTRICTIONS ON USE
Subject to these Terms, Tacori grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b) download and install the Applications on mobile devices owned or otherwise controlled by you (each, a “Mobile Device”). Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Tacori.
Further, you agree not to: (a) collect information from the Services using an automated software tool or manually on a mass basis; (b) use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services; (c) or attempt to obtain, access to areas of the Site, an Application, or Our systems that are not intended for access by you; (d) flood the Site or an Application with requests or otherwise overburden, disrupt, or harm the Services or Our systems; (e) restrict or inhibit other users from accessing or using the Services; (f) modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or an Application or in the Content; (g) use or access the Services or Content while driving or controlling a moving vehicle; or (h) access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
If you download an Application, you further agree not to: (a) copy the Application (except to install it on your Mobile Devices); (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Tacori and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Tacori or such third party which may own the Marks. All information and Content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The Services and Content are owned by Tacori, other parties and its licensors and are protected under copyright, trademark, patent and other applicable United States and international laws and treaties. Applications are licensed, not sold, to you.
ACCOUNT REGISTRATION AND SECURITY
Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Brandply of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
CARDS AND COUPONS
We issue discount cards and/or digital access codes (hereinafter called “Voucher Cards”) that can be used on the Site or an Application to access coupons, promotional codes, giveaways, and other offers (“Coupons”) provided by third-party merchants (each the “Merchant”). Coupons are subject to the terms and conditions as specified by the applicable Merchant. By obtaining a Coupon through the Services, you acquire the right to redeem the Coupon with the Merchant. As the issuer of the Coupon, the Merchant is fully responsible for the Coupon (including the ability to redeem or use the Coupon being offered) as well as the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Liabilities”) it may cause you to suffer or incur, directly or indirectly, in full or in part, whether related to the use or redemption of a Coupon or not. You waive and release Us from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Coupon or the products, services, or experiences a Merchant provides in connection with the Coupon. Coupons have no cash or residual value. We do not make any warranty with respect to Coupons, including, without limitation, their validity and/or value. We are not a party to any transaction that the Merchant and you may enter into as a result of your redemption of a Coupon.
The communications between you and Us via the Services use electronic means. For contractual purposes, you consent to receive communications from Us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
CHANGES TO THESE TERMS
Tacori reserves the right to revise these Terms at any time and users are deemed to be apprised of and bound by any changes to these Terms. Tacori will indicate that changes to these Terms have been made by updating the date indicated after "Last Updated" as set forth at the top of the Site.
DISCLAIMER OF WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, SERVICES OR ANY CONTENT. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL TACORI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE.
LIMITATION OF LIABILITY
YOU AGREE THAT TACORI IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS.
to the fullest extent permitted by law, IN NO EVENT WILL TACORI OR its OFFICERS, directors, employees, agents, licensors, AUTHORIZED RETAILERS, AFFILIATES OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 9.2, TACORI IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SITE, SERVICES OR THE CONTENT, OR YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR THE CONTENT, IN NO EVENT WILL TACORI’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED USD $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold Us harmless from and against any and all Liabilities arising out of or resulting from your use of the Services and/or any Content, and/or any violation of these Terms or applicable law. We reserve the right, at Our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with Us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms.
You acknowledge and agree that all information collected by Tacori is subject to Our . By accessing or using the Site, you consent to all actions We take with respect to your information in compliance with our .
We may, from time to time in Our sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either (a) an Application will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Applications or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Applications and will be subject to these Terms.
THIRD PARTY MATERIALS AND PLATFORMS
The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that We are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
We may provide the Services to you through third party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under Our control. We do not assume any responsibility or liability for your use of such Third Party Platforms.
CHANGES AND SUSPENSION
We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that We will not be liable to you or to any third party for any such change, suspension, or discontinuance.
We have the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. In the event that We suspend or terminate your access to the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
U.S. EXPORT CONTROLS
The Applications may be subject to United States export laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release any Application to, or make any Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making any Application available outside the United States.
YOU agree that any dispute or claim relating in any way to your use of the Services will be resolved exclusively though final and binding arbitration, rather than in court in accordance with these terms.
An arbitrator shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement or these Terms including, but not limited to, any claim that all or any part of this Arbitration Agreement or any other provision of these Terms are void or voidable.
The arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and will take place at a location within Los Angeles County, California. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’ rules. In the event the arbitrator determines the claims you assert in the arbitration are frivolous, you agree to reimburse Us for all fees associated with the arbitration paid by Us on your behalf that you otherwise would be obligated to pay under JAMS’ rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
IF YOU WANT TO ASSERT A CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR CONTENT, YOU MUST INSTITUTE ARBITRATION WITHIN ONE (1) YEAR FROM THE DATE SUCH CLAIM OR DISPUTE AROSE, OTHERWISE SUCH CLAIM OR DISPUTE IS PERMANENTLY BARRED.
We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.